The lawyer to the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, Adegboyega Awomolo (SAN) has explained why his client resigned.
Awomolo, while confirming that Onnoghen resigned on Thursday, said he (Onnoghe) said he acted in the interest of the judiciary.
The lawyer said: “I have just spoken with him. He confirmed to me that he resigned yesterday.
“He said he resigned in the interest of the Judiciary.”
Details shortly…
Proceedings ended abruptly and on a rowdy note yesterday at the resumed hearing in the trial of suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, before the Code of Conduct Tribunal (CCT) as his lawyers protested what they viewed as the highhandedness of the tribunal Chairman, Danladi Umar.
Adegboyega Awomolo (SAN), who led the team of lawyers for Onnoghen, accused the CCT Chairman of oppressing the defendant and his lawyers when, shortly after delivering a ruling on the no-case submission made by the defendant, Umar insisted that the suspended CJN must open his defence on Monday (April 1, 2019).
Awomolo told Umar: “Stop oppressing us. This is not justice.” He repeated the statements about three times when the CCT Chairman refused to yield to his appeals that the defendant be afforded sufficient time to prepare for his defence and be allowed to return next week Friday.
While Awomolo was still on his feet, pleading with the tribunal Chairman to reconsider his position, Umar stood up, announced that the proceedings had been adjourned till Monday and walked away, leaving the two other members of the tribunal to scamper after him.
As Umar and the other members of the tribunal walked out of the tribunal’s sitting venue, many lawyers in the defence team shouted in protest, saying: “This is not how to do justice.”
A dejected Awomolo, who appeared to have been taken aback by Umar’s conduct, said: “If this is justice, then, God bless Nigeria,” a statement he repeated about four times.
Proceedings had commenced earlier in the day on a friendly note, with the tribunal Chairman exchanging pleasantries with lawyers to both the prosecution and defence when the case was called.
Shortly after, Awomolo argued the defendant’s no-case submission and urged the tribunal to discharge and acquit his client on the grounds that the prosecution was unable to establish a prima facie case against the defendant.
Awomolo faulted the entire evidence led by the prosecution and exhibits tendered and urged the tribunal to hold that it is not worth it calling on Onoghen to defend himself.
He said the entire proceedings had become a nullity because the process leading to the commencement of the trial did not comply with the procedure provided for in the CCB’s Standard Operating Procedure (SOP) 2017.
Awomolo made a lengthy submission, during which he cited many decided cases, including a 2013 ruling by the tribunal (a copy of which he later offered the tribunal), urged the tribunal to be guided by past decisions.
At the conclusion of his submission, the CCT Chairman commended Awomolo for his brilliant and “well-articulated” argument.
Prosecution lawyer, Aliyu Umar, offered a counter-argument and urged the tribunal to reject Onnoghen’s no-case-submission and order him to enter defence.
The prosecution lawyer said the prosecution’s case was simple and relates mainly to the defendant’s failure to declare his assets.
He said: “We are not accusing him of having $300m in his accounts. What we are saying is that he failed to declare his assets on his appointment as Justice of Supreme Court and that he operated domiciliary accounts since 2009 and 2010 without declaring them.”
After listening to the arguments by parties, the tribunal Chairman, to the dismay of most of those at the proceedings, announced that ruling would be delivered in two hours’ time.
When the tribunal resumed around 2pm, Umar read his ruling, in which he rejected the submission by Awomolo.
He rejected Awomolo’s argument that the process leading to the filing of the charge was not in accordance with the procedure provided in the CCB’s SOP.
Umar noted that the SOP, which was a creation of the former board of the CCB, led by Sam Saba, was no longer in use because it had been abused by that board.
CCT Chairman said the operations of the CCB was currently being guided by the Constitution since it has discarded the SOP, which he said the former board abused.
The CCT Chairman accused the defendants of deploying technicalities to prevent the hearing of the case despite the glaring evidence, suggesting that the defendant has a case to answer.
Umar said the tribunal was not bound by technicality, but was interested in always ensuring justice.
He refused the no-case submission and said the tribunal was convinced that the prosecution had established a prima facie case, warranting the defendant to enter his defence if he has any.
The tribunal Chairman added: “The defendant himself made a written admission, without duress, that he forgot to declare the domiciliary accounts maintained in Standard Chartered Bank. That is, the euro account, the dollar account, the pound sterling account and the two naira accounts.
“His confessional statement is more than enough to warrant the defendant to enter defence, if he has any.
“The tribunal shall never be swayed from exercising justice, no matter whosoever appeared before it, irrespective of his/her status in life. After all, all of us are from the same source – dust.”
Umar added that by the evidence led by the prosecution through its three witnesses, and the documents tendered, including the statement by the defendant, “where he confessed that he forgot the accounts and that he made mistakes in not declaring the accounts,” are sufficient to make the tribunal demand that the defendant defend himself against the charges.
He said the need for the defendant to defend himself was “to clear his name, because the name has been tainted so much.” He proceeded to reject the no-case submission and ordered the defendant to “enter a defence.”
At the conclusion of the ruling, Awomolo applied that a certified true copy (CTC) of the ruling be made available to the defendant to enable him prepare for his defence. Awomolo prayed the court to allow the defendant return next week Friday for his defence.
The tribunal Chairman assured Awomolo that the tribunal’s registry will make the ruling available to him before the close of work yesterday. He directed the defendant to return on Monday for his defence; a decision the defence lawyer pleaded with Umar to reconsider.
Awomolo pleaded with the tribunal Chairman to remember that the Constitution provides that a defendant was entitled to adequate time and materials to prepare for his defence.
While Awomolo was still on his feet, appealing to the tribunal Chairman to reconsider his position in relation to the next adjourned date, Umar, who appeared unmoved by all that the lead defence lawyer was saying, sprang up from his seat and said: “That is the decision of the tribunal. Come and open your defence next Monday. The case stands adjourned to Monday.”
At that point, Awomolo stopped begging the tribunal Chairman and told him to stop oppressing the defendant and his lawyers.
Umar did not respond to Awomolo. He simply turned away and walked straight out of the tribunal’s sitting venue, leaving everyone dazed.
As Umar walked away and other members of the tribunal in toe, a dejected Awomolo said: “If this is justice, I pray for Nigeria.”
He later had a little altercation with the lead prosecution lawyer, Aliyu Umar, who he accused of not intervening when the tribunal Chairman was imposing a date on the defendant. Umar shot back at Awomolo, saying he did nothing wrong.
The suspended CJN is being tried on a six-count charge of non-disclosure of assets. He has however appealed yesterday’s ruling of the tribunal rejecting his no-case submission.
In the notice of appeal filed at the registry of the CCT, shortly after the ruling, the defendant raised five grounds of appeal, in which he faulted the tribunal’s decision and urged the Court of Appeal to, among others, set aside the ruling.
SUSPENDED Chief Justice of Nigeria (CJN) Justice Walter Onnoghen is suffering from high blood pressure and toothache, his lawyer, Adegboyega Awomolo, SAN, told the Code of Conduct Tribunal (CCT) yesterday.
The embattled CJN is standing trial before the CCT in relation to his alleged breach of code of conduct for public officers.
He was arraigned by the Code of Conduct Bureau (CCB) over alleged infractions in his asset declaration forms.
Justice Onnoghen, who attended proceedings on Monday when the tribunal ordered a day-to-day hearing in the case, was absent at the resumption of proceedings yesterday.
His lawyer, Adegboyega Awomolo, (SAN), told the tribunal that he (Awomolo) was informed Monday night that Onnoghen has developed tooth-ache.
Adegboyega tendered a medical report in support of his claim.
Lead prosecution lawyer, Aliyu Umar, (SAN), also said he got a copy of the medical report, which was signed by one Dr. Francis Uche, the Medical Director of Ideal Medical Services.
Umar said he could not make any observation in view of what the doctor said about the blood pressure of the defendant, which was said to have risen to 410/121.
The prosecution lawyer added: “As an old man, I know how dangerous that could be.”
He said the medical report suggested that Onnoghen was given 72 hours bed rest.
Umar said, though prosecution witnesses were present, the trial could not be conducted in the defendant’s absence.
He added: “Under the circumstance, I will concede that there is a justification for the defendant to be absent.
“Taking into consideration the order of the court yesterday (Monday) on day-to-day proceedings and the health condition of the defendant, I urge the court to adjourn the matter till Monday when we can have five days straight.”
Ruling, tribunal Chairman Danladi Umar, said: “In view of the medical report, explaining the absence of the defendant in court and in consideration of the level of his blood pressure, and with the prosecution having agreed for an adjournment till Monday, the tribunal concede to the adjournment of the matter to Monday, March 18 for hearing.”
The prosecution in the charge against the suspended Chief Justice of Nigeria (CJN), Justice Wlater Onnoghen before the Code of Conduct Tribunal (CCT) has applied for the issuance of a warrant of arrest on him (Onnoghen).
Lead prosecution lawyer, Aliyu Umar (SAN) made the application at the resumption of proceedings on Wednesday morning.
Umar noted that Onnoghen has consistently absented himself from the tribunal since proceedings commenced on the charge in January this year.
He said both the Administration of Criminal Justice Act (ACJA) and the Practice Direction of the CCT provides that a defendant must be present in court before any proceedings can be conducted in respect of a pending charge.
Lawyer to the defendant, Adegboyega Awomolo (SAN) is currently making a counter-argument, urging the court to, among others reject the prayer for the issuance of an arrest warrant against Onnoghen.
Details shortly…
*Adjourns to February 13
*Appeal Court to hear adjourns to Feb 12
The Chairman of the Code of Conduct Tribunal ( CCT ), Danladi Umar has insisted that the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen must appear before the tribunal in person before any further businesses could be conducted in the case pending against him (Onnoghen).
Umar gave the directive at the resumption of proceedings in the case on Monday, shortly before agreeing to the request by parties for adjournment to February 13.
He said: “Under the Administration of Criminal Justice Act (ACJA), a defendant, who is served with a charge and represented by lawyers, must take his plea before raising any objection.
“The defendant has continued to stay away from this tribunal. I am going to grant this adjournment at the instance of the prosecution and defence, but must state that the defendant must attend court at the next adjourned date so that all the issues would be resolved in his presence.”
The suspended CJN is accused of violating code of conduct for public officers by allegedly failing to declare some of his assets.
At the commencement of proceedings on Monday, an official of the tribunal noted that the defendant was absent.
Lead prosecuting lawyer, Aliyu Umar (SAN) said the case was adjourned to February 4 for the arraignment of the defendant and the hearing of pending applications.
Lead defence lawyer, Adegboyega Awomolo (SAN) said he had a discussion with the prosecutor to allow his application for adjournment in view of some recent developments in the case.
Awomolo said: “We filed a process this morning, indicating that the Minister of Justice and Attorney General of the Federation (AGF) forwarded a petition to the National Judicial Council (NJC). It is the same petition that was forwarded to the Code of Conduct Bureau (CCB) that founded the complaint before this tribunal.”
He added that the NJC has, in the exercise of its powers, forwarded the petition to the suspended CJN for his comment within seven days. He noted that the seven days, given Justice Onnoghen to respond to the petition, will lapse on this Wednesday.
Awomolo expressed optimism that the NJC will meet shortly after receiving Justice Onnoghen’s and take a position on the issue.
He added: “Our application is that the proceedings be further adjourned to prevent the defendant from suffering double jeopardy. Parties are ready to argue the pending applications, but in the interest of justice and due process, we seek an adjournment to enable the NJC take a decision.
“No harm will be done to the rest. The integrity of this tribunal will be enhanced if this application is granted and the NJC will be afforded time to take a decision in this matter,” the defence lawyer said.
Awomolo said an adjournment will prevent a situation where the defendant is made to suffer double jeopardy.
Responding, Umar admitted engaging in discussion with Awomolo before the tribunal commenced its sitting.
Umar said he was not opposing an application for adjournment, but that his decision to agree to the defence’s request for adjournment was not because the AGF has forwarded the same petition to the NJC.
The prosecution lawyer hinted about the possibility of the charge being withdrawn by the AGF, in the exercise of his power. He said it was within the discretion and power of the AGF to discontinue the proceedings.
Awomolo, CCT Chair engages in hot exchanges
Proceedings at the Code of Conduct Tribunal (CCT), in the case against the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has been brought to an abrupt end to allow temper to seamer in view of the hot exchanges between tribunal Chairman, Danladi Umar and lead counsel for the defence, Adegboyega Awomolo (SAN).
Trouble started when the tribunal Charman insisted that proceedings must continue despite agreement, by lawyer to the prosecution, Aluyu Umar (SAN) and Awomolo, that the case be adjourned to a later date in view of some recent developments in the case.
Rather than rule on the joint position presented by lawyers to the parties, the tribunal Chairman insisted on proceeding to hearing pending applications.
While Awomolo stood up to appeal to tribunal Chairman to consider the position presented by lawyers to the prosecution and defence, for an adjournment, Umar ordered Awomolo to sit down.
He accused the defence lawyer of encouraging delay and waste of time, observation Awomolo objected to and told the tribunal Chairman that it was wrong today such things about him.
While Awomolo spoke, complaining about the way the tribunal Chairman described him, Umar said he was not bothered, but was only interested in continuing with the case.
At that point, the prosecution lawyer sought for a short stand down, which was granted.
*CCT yet to sit at 11am
*Attendance at CCT shrinks
The Supreme Court resumed normal duties today without signs betraying an immediate change in its leadership
The court opened for business at its usual time on Monday, while the court’s digital cause list was switched on at a little after 8 am, displaying the about 11 cases scheduled for hearing for the day.
At exactly 9.13am, proceedings commenced in Court One of the Supreme Court, when a five-man panel, led by the acting Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad began sitting.
The panel, which included Justices Mary Peter-Odili, Amiru Sanusi, Kudirat Kekere-Ekun and Paul Galinje were hearing cases as at when The Nation left the courtroom at 10am.
The number of people at the Code of Conduct Tribunal (CCT) was unusually low.
The situation today provided a variant to the usual situation at the tribunal’s sitting venue since the tribunal commenced sitting in the case against the suspended CJN, Justice Walter Onnoghen on January 14, 2019.
Today major lawyers for the CJN, like Wole Olanipekun (SAN) and Adegboyega Awomolo (SAN), and Aliyu Umar (SAN) for the prosecution were not present as at 11 am, a departure from the situation before now.
The volume of vehicles parked within and around the tribunal’s sitting venue was reduced, leaving vacant space mostly occupied before today.
Meanwhile, the Ekiti State governorship election petition tribunal has started the delivery of judgment in the petition by the People’s Democratic Party (PDP) and its candidate against the Independent National Electoral Commission (INEC), All Progressives Congress (APC) and its candidate in the last governorship election in Ekiti State.
Details later.
An FCT High Court, Lugbe, on Wednesday adjourned until June 21 and June 22, an alleged bribery case involving Hon. Faroq Lawan and Femi Otedola.
Justice Angela Otaluku of the FCT High Court granted the request of counsel to the defendant, Mr. Mike Ozekhome in view of the application brought before it.
“In view of this application, this case is further adjourned until June 21st and 22nd, 2017 for further hearing,” she said.
Ozekhome said the request for adjournment was to enable him prepared and drill the witness in the next appearance, adding that there was need to diligently cross examine the witness in view of the case.
Meanwhile, Ozekhome had earlier made an application to recall Prosecuting Witness Two (PW2) on the basis of his non availability in the court the day he appeared in court because it was handled by a junior lawyer.
“I was attending a case involving me and the EFCC, so I couldn’t make myself available.”
However, the request was turned down because the witness could not be recalled to testify again.
In a swift reaction, Ozekhome promised to take the case up to the Supreme Court to determine if a witness who had earlier testified in a case could be recalled.
He said this was to strengthen the judicial system and allow justice to run its course.
Mr. Adegboyega Awomolo, the Prosecuting Counsel led Hon. Jagaban Jagaban, a member of the House of Representatives and a former Chairman, House Committee on Drug, Narcotics and Financial Crime in evidence against the defendant.
He said that his relationship with Lawan was the same that exists among House of Representatives members, adding that he never had any other relationship with him.
He said that his job as the committee Chairman on Drugs, Narcotic and Financial Crime was to supervise the activities of EFCC and NDLEA, adding that he also made budgets for them.
“We are empowered by the constitution to investigate matters relating to our committee when reported and referred to the Federal Government for further investigation.
He said that he did not collect any money from the defendant as claimed in his statement to the Police.
Further cross examination in the case has been adjourned until June 21 and June 22.
The Department of State Security (DSS) on Tuesday presented a video evidence at the FCT High Court, Lugbe, where Mr Femi Otedola was seen giving out a parcel to Hon. Farouq Lawan.
Justice Angela Otaruku granted the request of the prosecuting counsel, Mr Adegboyega Awomolo (SAN), to play the video as evidence of Lawan collecting the said bribe from Otedola.
The News Agency of Nigeria (NAN) reports that the request was made with the Awomolo led the DSS Prosecutor, Mr David Ojataha, Principal Officer in-charge of Technical Operations, DSS in evidence.
The video, revealing an exchange of parcel, lasted for almost three minutes.
“The video I just played are those of Mr Femi Otedola and Hon. Farouq Lawan where there was an exchange of parcel at Otedola’s house in Aso drive, Abuja,” said Awomolo.
The DSS prosecutor, however, told the court that he was saddled with the responsibility of recording the video by the DSS because of his background as an Electronic and Telecommunication Engineer.
He told the court that he did his work diligently during the course of investigation as an expert.
He said that though he did not participate in the arrest and detention of the defendant as that was not part of his duty, he only recorded the said video.
Ojataha added that he did not also take any statement from the defendant during the course of investigation.
He said that he was only instructed to cover the meeting between both parties based on complaints from Otedola.
Mr Mike Ozekhome, the defendant’s counsel, while cross examining the DSS prosecutor, said that the device used in playing the CD had no imprint of time and event in the video.
Ozekhome said that there was nothing to show that the defendant was there to receive bribe.
He added that there was also nothing in the video to suggest that bribery was discussed because such words like “bribe” was not heard in the video.
NAN reports that Lawan was the former Committee Chairman of Petroleum Matters in the House of Representatives at the 7th National Assembly.
He chaired the committee investigating the subsidy fraud in 2012.
The committee, however, found some oil companies culpable of defrauding the Federal Government via spurious subsidy claim and Zenon Petroleum and Gas Company, belonging to Otedola was found culpable.
The trial judge, Otaruku, while discharging the DSS prosecutor from the witness box, ordered the prosecution counsel to bring his other witnesses to court on May 10, being the adjourned date of the trial.
•Ngige, Obiano, INEC case starts
Anambra State Governorship Election Petitions Tribunal will begin pre-hearing of the governorship election case on February 4.
The three-man tribunal is led by Justice Ishak Bello. It will hear petitions arising from the November 16, 2013 poll.
Justice Bello, who spoke at the inaugural sitting in Awka yesterday, said the date was chosen to enable parties file their replies.
He urged prompt filing of replies and timely sittings, adding that the panel would not entertain unnecessary adjournments.
Justice Bello sought the cooperation and understanding of the parties to ensure that Nigeria was placed among the nations where dispensation of justice was not delayed.
He enjoined the media to be cautious in their reports, saying peaceful co-existence does not lie in the hands of the judiciary alone.
Ten Senior Advocates of Nigeria (SANs) were present at the tribunal’s inaugural sitting, including the lead counsel to the Independent National Electoral Commission (INEC), Mr. Adegboyega Awomolo.
Others are counsel to Chief Willie Obiano of the All Progressives Grand Alliance (APGA); Dr. Onyechi Ikpeazu (SAN); counsel to the All Progressives Grand Alliance (APGA); Mr. Patrick Ikweto (SAN); counsel to Senator Chris Ngige and the All Progressives Congress (APC), Chief Emeka Ngige (SAN), among others.
Other lawyers, who announced appearance for parties, included Chief Clems Ezike for the Peoples Democratic Party (PDP) and Mr. George Igbokwe, counsel to Mr. Tony Nwoye, the PDP governorship candidate.
Awomolo said they would discharge their duties efficiently. Another lawyer, Ngige, pledged cooperation.